When it comes to finding the money to finance a defense in a criminal case, most people see the fees that lawyers charge as being a worthwhile expense if they mean a better chance of having a successful outcome and avoiding jail time. Whether it requires asking for a loan from the bank, draining a 401(k) account, taking a second mortgage on a home, or borrowing money from family and friends, there is no price that is too much when it comes to securing your freedom, according to Stephen Harris, a criminal defense attorney in Charleston at the Law Office of Stephen Harris.
Harris explains that most criminal defense lawyers charge clients an up-front retainer fee, which is used to secure the attorney’s services and provide payment for all the research and work that goes into preparing a case. “Paying a retainer fee is basically a way of saying that this is going to be your lawyer, and that you are going to be paying him to handle your case up until the trial,” Harris explains.
The last part of that sentence is key, because according to Harris, many of the up-front retainer fees that attorneys charge their clients do not cover the cost of services for the actual courtroom trial. Paying a retainer fee to an attorney ensures that he or she will be handling the case, but extra costs are almost always involved if and when the case actually goes to trial.
The additional fees associated with going to trial are meant to cover all the charges that an attorney has to pay in order to successfully defend a case in court. These fees could go toward a number of expenses, but Harris says most criminal defense attorneys in Charleston will typically use the trial fee that a client pays to cover the cost of hiring another lawyer to sit second chair in court to make sure that absolutely nothing is missed during the trial. There may also be experts who have to be paid to appear in court, along with the cost of subpoenas.
Almost all fees in criminal defense cases are up-front and non-refundable, Harris says, because defense attorneys rarely, if ever, get paid by the hour. Unlike attorneys who handle civil cases, whom Harris says will generally charge clients by the hour, defense attorneys usually charge a flat fee for handling cases because the amount of time it takes to prepare a criminal case can vary so greatly.
An attorney might know the prosecutor who is prosecuting a criminal case, Harris says, and together they might be able to come to an agreement and resolve the case in just two hours. But still, the defendant in that case is going to have to pay the same fee as someone whose case wasn’t solved so quickly. “Basically, clients are not paying their fees based on how much time was spent or how much effort was put forth,” Harris says. “Clients are paying for an attorney to make the charges go away.”
When it comes to the actual act of finding the money to pay for these retainers and other court fees, Harris says people use any means they have available. He has seen people pay using credit cards, cash, and certified checks, and says that people are willing to do what it takes when it comes to financing their defense in criminal cases, since doing so can mean the difference between spending the next three years behind bars or not.
Harris says that some law offices will accept payment plans from clients. Additionally, some clients will sign their car titles over to their lawyers’ offices to hold in case any of the monthly installment payments are not made on time. “Instead of giving the title of the car to a title loan business that is going to charge 126% interest to hold the title, the client will give the title to the attorney and have him hold it instead,” Harris says. The attorney will then keep the title to the car until the defendant is all caught up with his monthly payments. “So there are a lot of different ways that people can make their payments to their lawyers,” Harris says.
Defendants commonly borrow from family or friends when they are looking for additional sources of income to pay for a criminal defense attorney in Charleston, or anywhere else. Harris says he explains to his clients that it’s worth asking anyone they can for help, since you can’t put a price on your livelihood. He recommends finding the attorney who has the best record and the most experience handling criminal cases similar to your own, and to get into contact with this attorney as soon as possible once you have been charged with a crime. “This isn’t like the cable company saying it’s going to shut your cable off,” he says. “This is the government saying it is going to put you in prison. So that is serious stuff.”
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
